If my husband got fired after working for a warehouse company for about 3 months and then having a stroke, can we take legal action?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband got fired after working for a warehouse company for about 3 months and then having a stroke, can we take legal action?
He was only on medical leave for just over a week and the company fired him just before he got released stating that it was his performance.
Asked on November 20, 2012 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It would be worth consulting with an employment law attorney and/or contacting your state's equal or civil rights agency, if you believe there were no performance issues and that the reason he was fired was his stroke. Employers are barred from discriminating against employees due to their disabilities, and a stroke (and its aftereffects) could qualify as a disability. If there were pre-existing performance issues or other problems at work, the employer could almost certainly terminate your husband--the protection for disabled workers doesn't mean they can't be fired for legitimate reasons--but if there were no such issues, the employer cannot just "make up" some to try to justify terminating someone due to his or her disability.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.